Legislative Branch

The legislative
article vests the legislative power, other than the initiative and
referendum processes, in a bicameral body The number of senators may not
be less than twenty-five nor more than
thirty-five; the house of representatives must have between fifty and
seventy-five members Since 1970, the Senate has had thirty-five members
and the house seventy members The state is divided into thirty-five
legislative
districts,
each electing two representatives and one senator.

Sessions are
held annually In odd-numbered years, the legislature meets for forty days
and in even-numbered years for
thirty-five
All sessions commence on the second Tuesday in January.

The Governor is
empowered to call special sessions of the legislature for specific
purposes There have been eighteen such sessions since statehood. A 1990
constitutional amendment allows for a special session when two-thirds of the
members of each house petition for a special session for a specific purpose.

Legislators must
be qualified voters in their legislative districts, at least twenty-one
years old, citizens, and residents of the state for two years immediately
preceding election Terms are for two years A 1992 constitutional
amendment limits members to four consecutive terms in each house.

In 1951, the
South Dakota Legislature established the Legislative Research Council to
provide full-time staff support to the legislature.

In 1898, South
Dakota became the first state to authorize the initiative and referendum
procedures for ordinary legislation The initiative process was extended to
include constitutional amendments in 1972 Prior to that time all
constitutional

amendments
originated with the legislature and were submitted to popular vote
Initiated measures permit the voters to add to, amend or repeal existing
laws; the referred law process allows the voters to approve or reject
measures passed by the legislature However, the referendum does not apply
to laws which are "necessary to the immediate
preservation
of the public peace, health or safety" or which are necessary for the
support of state government and its existing institutions.

Petitions to
initiate or refer legislation require signatures equal to five percent of
the votes cast for Governor in the last general election Petitions to
initiate a constitutional amendment require signatures equal to ten percent
of the votes for Governor in the last general election.